DES RAJ VERMA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India has been filed for quashing the order dated 5.12.1984 (Annexure P -2) in pursuance of which the petitioner has been dismissed form service of the Punjab State Cooperative Supply and Marketing Federation Limited, ('Markfed' for short), as also for quashing the order dated 28.3.1994 (Annexure P -8) passed by the Labour Court, Chandigarh, whereby the Labour Court held that it had no territorial jurisdiction to decide the matter and it was left to the workman to issue fresh demand notice to obtain reference from the appropriate Government.

(2.) THE facts leading to the case are that the petitioner was appointed as a Field Sub -Inspector in the Markfed in 1970. He was placed under probation for a period of one year as required under the Punjab State Cooperative Supply and Marketing Federation Employees (Common Cadre) Rules, which govern the service conditions of the employees of the Markfed. The petitioner completed his probation period satisfactorily and there was no extension. On completion of the probation period he became a permanent employee of the Markfed. The post of Field Inspector was re -designated as Field Assistant. The petitioner claims that he is entitled to be reinstated in service and given all the attending benefits as have been given to one Jagdish Lal Sharma who was also dismissed by the same order dated 5.12.1984 (Annexure P -2).

(3.) THE respondents have filed their reply in which preliminary objections has been taken that the writ petition suffers from laches. It is further stated that the petitioner had been dismissed from service vide order dated 5.12.1984 (Annexure P -2) after holding a regular departmental enquiry. Besides, the petitioner kept silent since 5.12.1984 till 3.8.1992 when he raised notice of demand after eight years. Therefore, it is prayed that the writ petition be dismissed.